Forum Immigration UK

[chippo]

I am an Australian citizen.
My wife is a Spanish citizen.
We first came to the UK on the 19th September 2011.
We entered the UK with a Family Permit Visa, which began on the 6th June 2010. However it expired on the 6th January 2011.

We made an application for an EEA2 (residence card) and I have received my whole application back (all documents and passports), and a letter back from the Border Agency saying that we had “insufficient evidence to establish that I have a right of residence”. The letter also said that it wasn’t “a formal determination of my status” and that they “will not be giving any further consideration” to my case.

We were aware that my application was not sufficient as my wife does not have a job at the moment. However we thought that it would be best to submit the application, without the evidence of my wife exercising her treaty rights, so as not to complicate matters in terms of my status.

We have all the necessary documents apart from the employment documents they require. We also included many documents that indicated my wife has been actively looking for employment (so far having sent approximately 55 employment applications). Additionally, she is highly qualified, having recently graduated from a Masters-level degree in Spain, and has English-language accreditations also.

We are requiring help to get the EEA2 residence card.

To make matters slightly more complicated, I am currently a student in the UK and I began studying under the Family Permit Visa, however as it has expired, we would like to know if this will complicate matters in terms of receiving the residence card.

Apart from my wife continuing to look for a job, what can we do?

Thanks

[transmigrator33]

Hi chippo,

I recently received the same letter from HO stating exactly what you have mentioned and that happened in spite of me send ing the documents and my family permit expired long time back. I guess its a case where we have to really speak to them and find out exactly what they require and mention it in a cover letter as YOUSAFZAI says in my topic.

I would be reapplying again and see what they say...perhaps even consult a solicitor as they would have an idea on the same.

Let me know how you get on.

Cheers

Transmigrator33

[chippo]

thanks transmigrator33

i think that i will be seeing a solicitor to know exactly what i am able to do.

[Yousafzai]

I am not surprised you were refused because your application is to be BASED on the fact that your wife is exercising her treaty rights Thats what you derive your right to stay in the UK from. If she is not exercising her treaty rights, you don't have any right to stay in the UK, its as simple as that !

I would suggest get your wife a job as quickly as possible and if they seems far fetched, enroll her in a university course perhaps ? then get comprehensive health insurance and apply on the basis of her exercising treaty rights as a student. This alternative is of course expensive but quicker and simpler. Another option could be that you get a job and she then claims to be self-sufficient based on your income.

Did you wife register as job seeker by the way ? because you would obviously need a proof that she is looking for work not merely mentioning that.

Good luck !